Prepared in terms of section 51 of the promotion of access to information act 2 of 2000
This manual applies to: King James Group (Pty) Ltd
King James Group (Pty) Ltd (hereafter “King James”) is committed to the observance of and compliance with the directives of the South African Constitution and national legislation which endorse the key principles of good corporate governance, transparency and accountability.
Section 51 of the POPIA requires that King James, as a private body compile a manual giving information to the public regarding the records held and the procedures to be followed in requesting information. As such, King James, being a private body, exercising due diligence by adhering to the South African Constitution by compiling this manual for the public that wish to obtain information from King James.
This manual was compiled in accordance with the Promotion of Access to Information Act (PAIA) No. 2 of 2000 and to address the requirements of the Protection of Personal Information Act (POPIA) No. 4 of 2013. PAIA and POPIA gives effect or carry out section 32 of the South African Constitution, which focuses on the right to access information i.e. everyone has the right of access to information held by the state or a private body to enforce a culture of transparency and accountability.
PAIA and POPIA give effect to section 32 of the South African Constitution, which focuses on the right to access information i.e. everyone has the right of access to information held by the state or a private body to enforce a culture of transparency and accountability.
2. Availability of the manual
The latest copy of this manual is available on the King James website: kingjames.co.za. This manual will be updated as required or when the relevant legislation changes.
3. Contact details
All requests for access to records in terms of PAIA must be in writing and must be addressed to:
Email address: InformationOfficer@kingjamesgroup.co.za
Roodebloem Manor, 22 Lawley Road,
Cape Town, South Africa
Telephone Number: +27 21 469 1500
4. Guide of the South African Human Rights Commission
The South African Human Rights Commission (“SAHRC”) is mandated under PAIA to promote the right of access to information, monitor the implementation of PAIA, make recommendations to strengthen PAIA and to report annually to Parliament. The SAHRC has compiled a guide that contains information which would be reasonably required of any person wishing to exercise any rights set out in the Act. The guide is available in all the countries’ official languages and can be viewed at sahrc.org.za
Any enquiries regarding the above guide and its contents should be directed to:
The South African Human Rights Commission
PAIA Unit (the Research and Documentation Department)
Postal address: Private Bag 2700, Houghton, 2041
Telephone: +27 11 484-8300
Fax: +27 11 484-7146
5. Information regulator
The Information Regulator (South Africa)
33 Hoofd StreetForum III,
3rd Floor Braampark
6. Records available in terms of legislation
King James keeps information and records in accordance with the following legislation, which includes, but is not limited to the following legislation:
- The Constitution of the Republic of South Africa No.3 of 1994
- Basic Conditions of Employment Act 75 of 1997
- Compensation for Occupational Injuries and Diseases Act 130 of 1993
- Companies Act No. 71 of 2008
- Income Tax Act 58 of 1962
- Labour Relations Act 66 of 1995
- Skills Development Levies Act 9 of 1999
- Unemployment Insurance Fund Act No. 63 of 2001;
- Unemployment Insurance Contributions Act No. 4 of 2002;
- Value Added Tax Act 89 of 1991
- Employment Equity Act 55 of 1998
- Consumer Protection Act 2008
- Competition Act No. 89 of 1998;
- Income Tax Act No. 58 of 1962;
- South African Revenue Services Act, 34 of 1997;
- Promotion of Equality and Prevention of Unfair Discrimination Act No. 4 of 2000
- The Occupational Health and Safety Act No. 85 of 1993;
- Manpower Training Act No. 56 of 1981;
- Skills Development Act No. 97 of 1998;
- Skills Development Levies Act No. 9 of 1999;
- Broad-Based Economic Empowerment Act No. 53 of 2003;
- Copyright Act No. 98 of 1978
- Trademarks Act No. 194 of 1993;
- Prevention of Combating of Corrupt Activities Act No. 12 of 2004;
7. Categories of records held by King James
- Documents of Incorporation
- Memorandum and Articles of Association
- Minutes of Board of Directors meetings
- Records relating to the appointment of directors/ auditor / secretary
- Share Register and other statutory registers
- Annual Financial Statements
- Company Tax records
- Banking Records
- Asset Register
- Rental Agreements
Income Tax Records
- PAYE Records
- Documents issued to employees for income tax purposes
- Records of payments made to SARS on behalf of employees
- All other statutory compliances: -
- VAT - Regional Services Levies - Skills Development Levies
- Workmen’s Compensation
- Employment contracts
- Employment equity plan (If applicable)
- Medical aid records
- Pension fund records
- Disciplinary records
- Salary records
- SETA records
- Leave records
- Training records
- Training manuals
- Identity documents
- Bank and address particulars
Client and Marketing Records
- Client Correspondence
- Client Contracts
- Client Business Information
- Project Plans
- White papers
- Marketing Case Studies
- Client Casting information
- Marketing and Product Strategies
- Customer information
- Products and services information
- Media Releases
8. Categories of requestors
The capacity under which a Requestor makes a request for records defines the category in which the Requestor will fall into. There are four categories of Requestors:
- A Data Subject who makes requests about themselves;
- A Representative who makes a request on behalf of the Data Subject(s);
- A Third Party who requests information about a Data Subject; or
- A Public Body who requests information in the public interest.
9. Automatically available information
Information that is obtainable via the King James website is automatically available and need not be formally requested in terms of this manual.
The following categories of records are automatically available for inspection, purchase or photocopying:
- press releases
- publication; and
- various other marketing and promotional material
10. Request process
POPIA provides that a data subject may, upon proof of identity, request King James to confirm, free of charge, all the information it holds about the data subject and may request access to such information, including information about the identity of third parties who have or have had access to such information. Data subjects may object, at any time, to the processing of personal information by King James, on reasonable grounds relating to his/her particular situation, unless legislation provides for such processing.
A data subject may also request King James to correct or delete personal information about the data subject in its possession or under its control that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully; or destroy or delete a record of personal information about the data subject that King James is no longer authorised to retain in terms of POPIA's retention and restriction of records provisions.
The data subject must complete the applicable form and submit it to the Information Officer, if they wish to:
- Object to the processing of their personal information, or
- Request a correction or omission of personal information, or
- Request the destruction or deletion of a record of personal information.
The purpose of this section is to provide directive and guidance on the process to follow when requesting information from King James. A person who requests access to records must complete the necessary request form, as set out in Appendix A, and the completed form must be marked for the attention of the Information Officer and sent to:
Email address: InformationOfficer@kingjamesgroup.co.za or
Roodebloem Manor, 22 Lawley Road,
Cape Town, South Africa
The prescribed form must be used and completed to make the request for access to a record. The form can be downloaded from the Department of Justice website (refer to Appendix A). Proof of identification of the Requestor (and related third parties acting on behalf of the Requestor) must be provided on submitting the request form.
The following should be detailed in the form:
- The requester must specify the right that they are seeking to protect or that they wish to exercise and provide an explanation as to why the requested records are required for the protection or exercise of that right.
- If the request is made on behalf of another person, then proof is required of the capacity in which the requester is making the request.
- Proof of identity must be provided in the form of a certified copy of the Requestor’s and/or delegate’s identity document or passport via secure methods provided by the Information Officer in the initial correspondence.
- An initial response to a request will take approximately 30 days. The Information Officer may extend the period by an additional 30 days depending on the complexity of the request requirements.
- Please note that an application for access to information can be refused in the event that the application does not comply with the requirements of PAIA. The successful completion and submission of the access request does not automatically allow the Requestor access to the requested records.
- If access to a record/information is granted, the Requestor will be notified, and the notification will include the following:
- An indication of the access fee that should be paid upon gaining access (if any).
- An indication of the form in which the access will be granted.
- If access to a record/information is denied, the Requestor will be notified, and will include the following:
- Adequate reasons for the refusal.
- Process to appeal the refusal.
- Should the requester not be satisfied with the decision of the Information Officer, the Requester may apply to court for relief. In terms of PAIA, the said application must be made within 180 days after the decision has been made by the Information Officer.
11. Request fees
A requester who seeks access to a record containing personal information about that requester is not required to pay the request fees. Any other requester who is not a personal requester must pay the required fee before further processing of the request in terms of S54 of the Act. Prescribed fees were published by the Minister of Justice and Constitutional Development in the Government Gazette No. 23119, General Notice No. 187 of 15 February 2002. Please refer to Appendix B for King James’s fee structure.
12. Appendix a: request form details
The application form can be obtained from: PAIA Request Form
13. Appendix b: prescribed fees
- Where a Requestor submits a request for access to information held by the King James Group a person other that the Requestor, a request fee in the amount of R50.00 is payable up-front before King James will further process the Request received. This Request fee may be paid at the time a request is made, or the requestor may be notified to pay the request fee before any processing of the request.
- If access to a Record/s is granted by King James, the Requestor may be required to pay an access fee for the search for and preparation of the Records and for re-production of the Record/s. The access fees which apply are set out below.
- An access fee is payable in all instances where a Request for access to information is granted, except in those instances where payment of an access fee is specially excluded in terms of the Act or an exclusion is determined by the Minister in terms of Section 54 (8). This includes the following:
- A single person whose annual income does not exceed R14,712.00; or
- Married persons or a person and his/her life partner whose annual income does not exceed R27,192.0
- King James, as a registered Private Body will add VAT to all afore-mentioned fees in terms of the Value Added Tax (VAT) Act.
- A requestor may lodge a compliant with a court of law against the payment of the request fee.
- All payments shall be made in the form of an Electronic Funds Transfer (EFT) to King James’ bank account. Banking details to be obtained from the Information Officer on the contact details provided above.
These prescribed fees below were published by the Minister of Justice and Constitutional Development in the Government Gazette No. 23119, General Notice No. 187 of 15 February 2002, and are set out as follows:
Access Fees for Reproduction
- Each photocopy of A4 sized part or a part thereof R1.10
- Each photocopy of A4 sized page or part thereof held on a computer or in electronic or machine-readable form R0.75
- Copy of a computer readable memory stick R7.50
- Copy of a computer readable compact disc R70.00
- Transcript copy of visual images of an A4 sized page or part thereof R40.00
- Copy of visual images R60.00
- Transcription of an audio record on an A4 sized page or part thereof R20.00
- Copy of the audio record R30.00
- Times reasonably spent to locate a record and preparation for the disclosure or part thereof R30.00 p/h
- Access to a record containing personal information of the requestor Free
- Any other access to a record as a public body made by a requestor and another person other than the requestor R50.00
- Postage of a record to the Requestor R9.75
- Courier of a record to the Requestor R99.00
- Lodging an appeal King James upon refusal for the request R50.00
All payments shall be made in the form of an Electronic Funds Transfer (EFT) to the King James bank account. The banking details for King James as follows:
Account Number: 100 965 2052
Account Name: King James Advertising Cape Town
Branch Code: 100 909
Reference: < e.g PAIA Name, Surname>
- Where King James receives a request for access to information held on a person other than the Requestor himself/herself, and the Information Officer upon receipt of the request is of the opinion that the preparation of the required record(s) of disclosure will take more than 6 (six) hours, a deposit is payable by the Requestor.
- The Requestor may make an application to Court to be exempted from the requirement to pay this deposit.
If a deposit is made and access to the record(s) requested is subsequently refused, the deposit will be repaid to the Requestor. The amount of the deposit is equal to a 1/3 (one third) of the amount of the applicable access fee.